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If you are enforcing your civil judgment, very often you begin by mailing your debtor your polite demand letter. One may suggest a discount or payment plan, when they pay your judgment off quickly. If that judgment got properly assigned to you, or you're an attorney or a collections agency; you might probably want to let your debtor know you're now the one to now send a payment to, to pay off your judgment. What if your debtor later threatens some lawsuit, or even worse, you are served with a legal notice of a civil lawsuit; asserting you violated the law by sending the debtor some demand letter, or paying for a legal action to try to recover the judgment? This article is my opinion and is not, a legal opinion. I am a judgment broker, and not a lawyer. When you ever need a strategy to use or legal advice, you should contact an attorney. Any one can start the process of suing anybody else for any kind of reason, even no valid reason. If you try to honor all commitments, comply with all laws, handle everyone nicely, do not burn anyone, and are usually cheerful, honest, fair, and helpful; you are a lot less likely to be sued. If you are served with a lawsuit for not doing anything wrong, find a lawyer familiar with SLAPP law, which can most often end most frivolous lawsuits. When you own a judgment, recovering it's considered a normal and expected action. My non-legal opinion is that one's right to attempt to satisfy your judgment is not impaired simply because someone thinks you're interfering with their rights, properly enforcing a judgment against the debtor. In every state, it's perfectly legal to attempt to properly enforce your civil judgment. In most courts, unjust lawsuits can often get dismissed. SLAPP most often is short for Strategic Litigation against Public Participation. Sometimes, SLAPP is short for similar names. Most states have SLAPP laws, intended to help when people get sued for words or actions shielded by the first amendment rights. The anti-SLAPP laws are meant to prevent censorship or intimidation. SLAPP-related laws were a reaction to those "slick" people that thought they could easily shut somebody down or badger that person by suing them. State legislatures stepped in and created new law, in a somewhat rare situation of new laws going towards the right right direction. Anti-SLAPP defenses are a unique form of redress (a strategic motion to strike) some meritless SLAPP lawsuit. It deters those that try to hassle others with lawsuits without merit; designed to deplete the victim's assets, and bully them into giving into their unjust demands. Sometimes, the defendant can sue their plaintiff in a malicious prosecution lawsuit. A SLAPP is not a regular complaint, it's a special motion (demurrer) to strike down the plaintiff's complaint. The person sued presents their SLAPP motion as their court response, rather than answering a complaint. The defendant asserts that the lawsuit is (as an example) without merit, without any actual cause of action, and only designed solely to intimidate them, and/or to prevent them from exercising their legal rights. SLAPP motions are used in "so what!" situations when somebody sues you (as an example) for expressing your own opinion, doing your work properly, or perhaps parking your car in your own parking space. When there is no valid "cause of action", you may be able to submit a SLAPP motion. Sometimes, once a SLAPP lawyer contacts the plaintiff's attorney, the plaintiff's attorney drops the lawsuit, as they are aware that their side will be liable for all SLAPP lawyer's fees. As an example, when you are served with a lawsuit for sending a polite and discrete letter (following all state and FDCPA laws) telling the judgment debtor, about your need to eventually get repaid and the debtor's options; that is probably a form of protected speech. Prior to the court's time limit, you or an lawyer probably can file your anti-SLAPP motion, which will do three things: 1) Stops their lawsuit at the stage it is nowat. 2) Before the lawsuit progresses, the plaintiff is burdened with fully proving that the person sued's communication and speech wasn't protected. 3) If the court later decides the defendant's speech was legally protected, then that person that was sued will get paid all their attorney fees and court costs paid by the plaintiff's side. The majority of states have SLAPP laws. In California, there's CCP 425.16, 425.17, 425.18, and also SB 320 California Anti-Libel Tourism Act. Good websites for additional Anti-SLAPP information are www.SLAPPLAW.com and www.Anti-SLAPP.org. Judgment collection is a recovery attempt, which means to recover or collect a judgment. Judgment buyers can help you with your judgment collection attempts. Mark D. Shapiro of http://www.JudgmentBuy.com - Your fastest and easiest free way to find the best expert to recover or buy any judgment.
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